Lawyers and Conveyancers Act 2006

Fidelity Funds

319: Offence

You could also call this:

"Breaking the law by mishandling clients' money or property as a lawyer or conveyancer"

Illustration for Lawyers and Conveyancers Act 2006

You can commit an offence if you are a practitioner and you receive money or valuable property in trust for someone else while providing services to the public. This can happen if you have made an election under section 317(1) and you have a practising certificate that is still valid. If you are found guilty, you can be fined up to $25,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM367396.

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318: Making, expiration, and revocation of election under section 317, or

"How to make, cancel, or end a special choice under section 317 of the law"


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320: Application of Lawyers' Fidelity Fund, or

"Help for People Who Lose Money Because of a Lawyer's Mistake"

Part 10Fidelity Funds

319Offence

  1. A practitioner commits an offence and is liable on conviction to a fine not exceeding $25,000 who, at a time when both an election made by that practitioner under section 317(1) and the practising certificate to which that election relates are in force, receives, in the course of providing regulated services to the public, any money or other valuable property in trust for another person.

Notes
  • Section 319: amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).